ADHAM MEERA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner herein challenges the impugned order of detention, dated 26. 12. 2005, detaining him under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act ).

(2.) HEARD Mr. B. Kumar, learned Senior Counsel for the petitioner; Mr. M. Babu Muthu Meeran, learned Additional Public Prosecutor for R-1 and R-3; and Mr. P. Kumaresan, learned Additional Central Government Standing Counsel for R-2.

(3.) BRIEF and background facts which led to the detention of the detenu are as follows:-On 18. 11. 2005, the petitioner/detenu Adham Meera on his arrival at Anna International Airport, Chennai, from Bangkok, was intercepted by the officers attached to the Customs Department, Chennai, at Customs table No. 14 at the arrival hall of the Airport along with 2 hand baggages and 2 checked in baggages. The detenu declared the contents as electronic goods and the value as Rs. 30,000/ -. On examination, the Officers found the baggages to contain Pioneer car Stereo without panel and Nikon digital camera zoom and assessed the value of the goods as Rs. 7,96,000/- (CIF) and seized the same under mahazar dated 18. 11. 2005. The detenu gave a statement that he studied upto +2, that he knows only Tamil and that he used to go to Singapore and Malaysia to bring electronic goods. He further stated that one John gave him those electronic goods at Bangkok Airport and asked him to hand over the same to a person, who would identify him at Chennai Airport, and that the said John offered to pay him a sum of Rs. 10,000/- for the assignment given. Since the detenu mis-declared the value and quantity of the goods, a case was registered against him under the Customs Act. He was arrested on 18. 11. 2005 and remanded to judicial custody on the orders of the Court upto 02. 12. 2005. The detenus father was intimated of the arrest by Telegram. The detenus house was searched, however, no incriminating material was recovered. The remand was periodically extended on the orders of the court. On 28. 11. 2005, the detenu sent a retraction letter to the Sponsoring authority, for which, the said authority sent a reply on 07. 12. 2005. On 28. 11. 2005, the detenu sent a pre-detention representation to the Law Minister, which came to be rejected on 26. 12. 2005. The Detaining Authority passed the detention order on 26. 12. 2005 and the papers were supplied to the detenu on 30. 12. 2005. On 31. 12. 2005, the detenu sent representations dated 31. 12. 2005 to the State Government and the Central Government and the same were rejected on 09. 01. 2006. The State Government confirmed the detention order on 24. 03. 2006.